ML19254E251
| ML19254E251 | |
| Person / Time | |
|---|---|
| Issue date: | 10/12/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Moffett T HOUSE OF REP., GOVERNMENT OPERATIONS |
| Shared Package | |
| ML19254E252 | List: |
| References | |
| REF-SSINS-3350 NUDOCS 7910310377 | |
| Download: ML19254E251 (5) | |
Text
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,t UNITED STATES j ).g',f j NUCLEAR REGULATORY COMMISSION c c(2(t j
,p W ASH IN GTON. D.C. 2 0555 October 12, 1979 CFFICE OF THE CHAIRMAN The Honorable Toby Moffett, Chairman Subcommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
This responds to your letter of September 7, 1979, requesting information concerning the NRC proposal for increased civil monetary penalty authority.
By way of background information in responding to ycur questions, I am enclosing a list of NRC licensees who have been assessed more than one civil penalty.
Civil penalties are imposed in accordance with the enclosed Criteria for Determining Enforcement Action and Categories of Noncompliance.
Under the Criteria items of noncompliance are categorized in accordance with their level of significance.
In order of decreasing severity, the levels are:
" violation," " infraction," and " deficiency."
The Criteria provide for the imposition of civil penalties on the basis of such factors as the seriousness of an item of noncompliance as well as the number and nature of tha items of noncompliance, e.g., whether an item of noncompliance is repetitive.
All of the licensees listed in the enclosure have received two or more penalties.
However, in sorte cases the items of noncompliance that triggered the additional civil penalty action (s) are in different areas of the licensee's operation, e.g., physical security matters versus control of operations or personnel exposures. These licensees had either a concompliance item cate-gorized as a " violation" in our severity level designations or several items categorized as " infractions" or an item or items categorized as " infractions" that were significant in that an item or items of a similar nature were noted during a previous inspection.
Responsiveness for purposes of reviewing the enclosed list is measured by such f actors as whether the licensee has achieved lasting coupliance in the area for which the civil penalty was imposed, the circumstances of the noncompliance, and the duration of time between similar items of noncompliance.
N 1248 140 4
7910310 37 7 -
Tr.e Honorable Toby "offett Tne ans,.ers to ea:h of your four numbered questions are the same:
The names of the utility licensees we had in mind in the paragraph quoted at the outset of your letter were the Comonwealth Edison Company and the Virginia Electric and Power Company.
The performance of these licensees has been " unresponsive" in the sense that Commone.calth Edison Company has had five civil penalties within the past four years (the Company has had none since March 1978) and the Virginia Electric and Power Company has had five civil penalties within the past six years, the most recent of which was imposed September 28, 1979.
If the Subconnittee needs further information regarding this matter, please contact me.
\\
- incerely, A
,/
M seph M. Hendrie Chairman
Enclosures:
1.
List cf Licensees Receiving More Than One Civil Penalty 2.
Criteria for Determining Enforcement Action 1248 14I
NPC LICENSEES RECEIVING MORE THAN ONE CIVIL PENALTY Amount & Date Amt. Imposed Reason of Proposed and Date for Licensee Penalty Order Issued Penal ty Boston Edison Co.
(Pilgrim 1) 512,000
$12,000 Inadequate control of (5-20-75)
(7-23-75) operations (Pilgrim 1) 516,000 PAID Personnel exposure (3-13-78)
Commonwealth Edison (Dresden 1, 2, 3)
S25,500 PAID Inadequate control of (12-11-74) waste - security (Dresden 1, 2, 3) 521,000 PAID Failure to follow (3-21-78) procedures (Quad Cities 1, 2)
S25,000 PAID Procedures - Security (8-28-75)
(Zion 1)
S13,000 PAID Personnel exposure (5-20-76)
(Zion 1) 521,000 PAID Water hammer problem (9-23-77)
Dayton X-Ray Co.
(Industrial S2,350
$2,350 Inadequate control of Radiographer)
(11-27-74)
(2-6-75) operations 56,100 PAID Inadequate control of (1-3-78) operations General Electric Co.
(Morris, IL)
$5,000
$5,000 Physical security (10-25-74)
(12-26-74)
(Vallecitos) 57,500
$6,000 Physical security (10-30-74)
(12-13-74)
(Vallecitos) 56,500
$6,500 Personnel exposure (3-14-75)
(5-10-75) 1248 142
. Amount & Date Amt. Ic, posed Reason of Proposed and Date for Licer,see Penalty Order Issued Penalty Jersey Central P & L (Oyster Creek)
$8,000 PAID Physical security (6-28-76)
(Oyster Creek) 526,000 PAID Radiation Safety (1-12-79)
& Safeguards Metropolitan Edison (Three-Mile Island 1) 54,000
$3,500 Physical security (9-23-74)
(11-19-74)
(Three-Mile Island 1)
$8,000 58,000 Physical security (3-15-76)
(4-23-76)
Niacara Mohawk (Nine-Mile Point 1) 58,000 PAID Inadequate control of (9-13-74) operations & physical security (Fit: Patrick) 521,000
$18,000 Physical security (7-16-76)
(8-31-76)
(Nine-Mile Point 1)
S18,000
$18,000 Physical security (6-5-79)
(8-21-79)
Northeast Nuclear (Millstone 1)
$11,500 07,500 Physical security (4-10-75)
(7-18-75)
(Millstone 1)
$15,000
$15,000 Inadequate control of (12-20-76)
(1-21-77) operations Nuclear Fuel Services
$4,000 PAID Physical security (10-30-74)
$53,000
$53,000 Physical security (4-12-77)
(8-11-77)
Pittsburgh-Des Moines (Radiographer) 52,000
$2,000 Personnel exposure (1-5-77)
(2-25-77) 1248 143
. Amount & Date Amt. Imposed Reason o~ Proposed and Date for Licensee Penal ty Order Issued Penalty Pittsburgh-Des Moines $7,000 PAID Personnel exposure (Radiographer)(Cont'd) (1-31-78)
Pittsburgh Testing (Radiographer)
$2,500 PAID Inadequate control of (1-28-72) operations
$2,000 PAID Personnel exposure (4-25-77)
Rochester Gas (R. E. Ginna)
$10,000 PAID Personnel exposure (8-23-75)
(R. E. Ginna)
$31,000
$24,000 Personnel exposure (6-1-78)
(10-24-78)
Virginia Electric (North Anna 1 & 2)
$31,900
$31,900 Inadequate QA control (12-6-76)
(2-4-77)
$60,000*
$32,500 Material False (9-10-75)
(11-12-76)
Statement (Surry (1 & 2)
$40,000
$38,000 Inadequate control of (5-13-73)
(6-26-73) operations (Surry 1 & 2)
$12,000
$10,000 Physical security (1-18-75)
(3-19-75)
(Surry 2)
$15,000
$15,000 Personnel exposure (8-15-79)
(9-28-79)
- Imposed by the Atomic Safety and Licensing Board 1248 144